State v. Smith

Docket No. 20180416
Oral Argument: Thursday, September 5, 2019 9:30 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Marquis Smith, Defendant and Appellant
Case Type
CRIMINAL APPEAL : SEXUAL OFFENSE
Appeal From
Case No. 2018-CR-00048
South Central Judicial District, Burleigh County
John W. Grinsteiner

Parties' Statement of Issues

  • Appellant

    I. The trial court erred in denying the Defendant’s Motion in Limine to exclude evidence of his having accessed pornographic websites as irrelevant and prejudicial under N.D.R.Evid 403, and as impermissiblecharacter or propensity evidence prohibited under N.D.R.Evid 404(a).
    II. The trial court erred by failing to provide a curative or limiting instruction on the limited permissible use of prior bad act evidence.

  • Appellee 1

    [1] Whether the district court erred in denying Smith's Motion in Limine.
    [2] Whether the district court erred in not including a limiting jury instruction about Smith's web browser history.


Summary

Marquis Smith appeals from a criminal judgment entered after a jury found he was guilty of two counts of gross sexual imposition.

Smith was charged with two counts of gross sexual imposition. He filed a motion in limine to exclude evidence about web browser history related to pornography, arguing it was irrelevant and unfairly prejudicial. After a hearing, the district court denied his motion. A jury trial was held, and the jury found Smith was guilty of both counts.

On appeal, Smith argues the district court erred by denying his motion in limine and by failing to give a jury instruction limiting the use of the evidence.


Briefs

Filing Date Description
04/08/2019 APPELLANT BRIEF View
06/04/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Steven James Fischer - 07988
APPELLEE ASST. STATE'S ATTORNEY Tessa Marie Vaagen - 07828

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 11/23/2018 NOTICE OF APPEAL : 11/23/2018
2 11/26/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
3 11/26/2018 Notice served on Steven J. Fischer and Tessa M. Vaagen
4 11/30/2018 ORDER FOR TRANSCRIPT : 12/04/2018
5 12/26/2018 ELEC. RECORD ON APPEAL DATED DECEMBER 21, 2018 (ENTRY NOS. 1-99)(NOT SENT: 81)
6 02/01/2019 ELEC. TRANSCRIPT DATED JUNE 22, 2018
7 02/01/2019 REDACTION KEY FOR TRANSCRIPT DATED JUNE 22, 2018
8 02/01/2019 ELEC. TRANSCRIPT DATED JULY 25, 2018 (Vol. I)
9 02/01/2019 ELEC. TRANSCRIPT DATED 26, 2018 (Vol. II)
10 02/01/2019 C.O.S. FOR TRANSCRIPTS
11 03/13/2019 APPELLANT BRIEF (WITHDRAWN 4/3/19)
12 03/13/2019 E-FILED BRIEF (PDF)
13 03/13/2019 APPELLANT APPENDIX (WITHDRAWN 4/3/19)
14 03/13/2019 E-FILED APPENDIX
15 03/25/2019 Rec'd non-substantive corrections on ATB and ATA
16 03/27/2019 Rec'd 6 copies of ATB back from Central Duplicating
17 03/27/2019 Rec'd 6 copies of ATA back from Central Duplicatin
18 03/27/2019 Rec'd 6 copies of Exhibit 1 DVD
19 04/03/2019 APPELLANT BRIEF AND APPENDIX WITHDRAWN FOR NON PAYMENT SURCHARGE
20 04/08/2019 1ST ELEC. SUPP. RECORD ON APPEAL DATED APRIL 5, 2019 (ENTRY NOS.81 & 101)
21 04/08/2019 Rec'd $25.00 for ATB e-filing (receipt #26994)
22 04/08/2019 MOT. EXT/TIME APPELLANT BRIEF
23 04/08/2019 ACTION BY CHIEF JUSTICE - Granted : 04/08/2019
24 04/08/2019 APPELLANT BRIEF View
25 04/08/2019 APPELLANT APPENDIX
26 04/09/2019 2ND ELEC. SUPP. RECORD ON APP. DATED APRIL 8, 2019 (ENT. NOS. 81, 100, 101, 102) (81 rec'd by mail)
27 05/06/2019 MOT. EXT/TIME APPELLEE BRIEF
28 05/06/2019 ACTION BY CHIEF DEPUTY CLERK - Granted : 06/04/2019
29 06/04/2019 APPELLEE BRIEF View
30 06/10/2019 Rec'd 6 copies ot AEB from CSD
31 07/05/2019 Rec'd $25 surcharge for AEB (Receipt No. 27144)
32 08/02/2019 NOTICE OF ORAL ARGUMENT SENT